FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MATER PRIVATE HOSPITAL (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER DIVISION : Chairman: Ms Owens Employer Member: Mr McHenry Worker Member: Ms Ni Mhurchu |
1. Appeal against Rights Commissioner's Recommendation RC11/97.
BACKGROUND:
2. The worker commenced employment with the Hospital as a Security Officer in 1986. His duties were subsequently reviewed and as a consequence additional duties were assigned to him by the Technical Services Officer. The worker has no comparator in relation to pay within the health services pay scales.
Management decided in 1987 to put the worker on pay scales which were applicable to that of the Community Welfare Officer. In 1991 the Hospital realigned the post with the clerical/administration Grade IV pay scales. The worker received all increases thereafter under the various national agreements.
The worker claims that he has been discriminated against because he has been denied any of the special pay awards given in the Public Service.
The Hospital denies that the worker has been discriminated against and claims that as it is a private Hospital, and is not funded by the Department of Health, that it is not bound by Public Service pay scales.
The dispute was referred to a Rights Commissioner for investigation. The Rights Commissioner investigated the dispute on the 26th May, 1997 and in his recommendation R/C 11/97 recommended that:-
"I recommend that the worker be placed from the 1st September, 1996 at the penultimate point (£20,281 ) of the clerical Grade 5 scale so that he reaches the maximum point on 1st September, 1997".
(The worker was named in the Rights Commissioner's Recommendation).
The worker appealed the recommendation to the Labour Court on the 2nd July, 1997. The Court heard the appeal on the 26th September, 1997 under Section 13(9) of the Industrial Relations Act, 1969.
WORKER'S ARGUMENTS:
3. 1. The Hospital failed to pay an agreed award in 1990.
2. The worker has suffered selective discrimination by his employers since 1990.
3. He has been denied any of the special awards which have been granted to other workers.
4. The worker has taken on extra duties such as Fire Officer, Assistant to the Technical Services Manager and Health and Safety Officer without any additional recompense.
5. The worker has suffered financial loss. He should be put on the maximum of the Community Welfare Officers' scale and be backdated to the 1st July, 1989.
HOSPITAL'S ARGUMENTS:
4. 1. The Hospital rejects the claim that the worker was discriminated against.
2. The issue in dispute was referred to a Rights Commissioner for investigation. Both sides agreed to binding arbitration in the matter.
3. The Hospital is not funded by the Department of Health and is therefore not bound by their pay scales.
4. Management put the worker on the appropriate point of the Grade V scale which was considered a fair and equitable rate for the job and which was recommended by the Rights Commissioner.
DECISION:
The Court is satisfied that the Rights Commissioner's recommendation is reasonable in the circumstances and should be upheld. The Court also notes that the appellant had agreed to be bound by the Rights Commissioner's findings.
The Court upholds the Rights Commissioner's recommendation and rejects the appeal.
The Court so decides.
Signed on behalf of the Labour Court
Evelyn Owens
1st October, 1997______________________
L.W./U.S.Chairman
NOTE
Enquiries concerning this Decision should be addressed to Larry Wisely, Court Secretary.